HomeMy WebLinkAboutORD 3795 Amended by Res. #2880
CITY OF RENTON, WASHINGTON
ORDINANCE NO . 3795
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
CHANGING THE ZONING CLASSIFICATION OF CERTAIN
PROPERTIES WITHIN THE CITY OF RENTON FROM
GENERAL CLASSIFICATION DISTRICT (G) TO RESIDENCE
DISTRICTS (R-1 , R-2 and R-3)
(R-018-82 G.M. Associates (Northward Development)
WHEREAS under Chapter 7 , Title IV (Building Regulations) of
Ordinance No . 1628 known as the "Code of General Ordinances of the
City of Renton" , as amended, and the maps and reports adopted in
conjunction therewith, the . property hereinbelow described has
heretofore been zoned as General Classification District (G) ; and
WHEREAS a proper petition for change of zone classification
of said property has been filed with the Building & Zoning Department
on or about March 2 , 1982 , which petition was duly referred to the
Hearing Examiner for investigation, study and public hearing ,
and a public hearing having been held thereon on or about February
25 , 1983 , and. said matter having been denied and the matter having
been appealed to the City Council of the City of Renton and the
City Council having reversed the Hearing Examiner ' s decision,
subject to execution of restrictive covenants , and said zoning
request being in conformity with the City ' s Comprehensive Plan, as
amended
and the City Council having duly considered all matters
relevant thereto , and all parties having been heard appearing in
support or in opposition thereto , NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS :
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SECTION I : The followingdescribed pro ert in the Cit of
. p Y Y
Renton. is hereby rezoned to Residence Districts (R-1) , (R-2) , and
(R-3) as hereinbelow specified :
a. Parcel 1 as identified in Exhibit "A" is hereby
rezoned from General Use (G-1) to Residential -
Single Family (R-1) .
b . Parcel 2 as identified in Exhibit "A" is hereby
rezoned from General Use (G-1) to Residential -
Two Family (R-2) .
C . Parcel 3 as identified in Exhibit "A" is hereby
rezoned from General Use (G-1) to Residential -
Multiple Family (R-3) .
The Building and Zoning Director is hereby authorized and
directed to change the maps of the Zoning Ordinance , as amended,
to evidence said rezoning, to-wit :
(See Exhibit "A" attached hereto and made a part hereof
as if fully set forth herein. )
(Said property being located North of N.E. 4th Street
between Union Avenue N. E. and Duvall Avenue N.E. )
AND SUBJECT to that certain Declaration of Restrictive
Covenants executed by Petitioner-Owners on or about Feb. 21 ., 1984
and recorded in the office of the Director of Records and Elections ,
Receiving No . 8403190497 and which said Covenants are
hereby incorporated and made a part hereof as if fully set forth
as shown in Exhibit "B" .
SECTION II : This Ordinance shall be effective upon its
passage, approval and five days after its publication.
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PASSED BY THE CITY COUNCIL this 12th day of March,
1984 .
Maxine E. Motor , City Clerl—
APPROVED BY THE MAYOR this 12th day of March
1984 .
Barbara Y.Q S inpot , Mayor
Approved as to form:
Lawrence J. Watten, City Attorney
Date of Publication : March 23, 1984
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Ordinance No. 3795
j EXHIBIT "A"
Rezone No. R-018-82
G.M. Associates - Northward Development
PARCEL 1 - Rezoned from G-1 to R=1 :
That portion of the north 150.00 feet in, width of the east three-quarters of the
southwest quarter of Section 10, Township 23 North, Range 5 East, W.M. in King
County, Washington, lying westerly of 138th Avenue S.E. as conveyed to King County
by deed recorded under King County Recording No. 6404320.
EXCEPT the north 30 feet thereof for road purposes as reserved in deeds recorded
under King County Recording Nos. 3408392, and 3564211 , and 3338158, and 3297568.
PARCEL 2 - Rezoned from G-1 -.to R-2:
That portion of the east three-quarters of the north half of the north half of
the southwest quarter of Section 10, Township 23 North, Range 5 East, W.M. in King
County, Washington, lying westerly of 138th Avenue S.E. as conveyed to King County
be deed recorded under King County Recording No. 6404320.
EXCEPT the north 150.00 feet in width thereof.
PARCEL 3 - Rezoned from G-1 to R-3:
That portion of the east three-quarters of the south half of the north half of the
southwest quarter of Section 10, Township 23 North, Range 5 East, W.M. in King
County, Washington, lying westerly of 138th Avenue S.E. as conveyed to King County
by King County Recording Number 6404320.
EXCEPT the South 15 feet of the Southeast quarter of the Northwest quarter of the
Southwest quarter of said Section 10;
and EXCEPT the' South 20 feet of that portion of the Ea.st=half of the West-half of
the Northeast quarter of the Southwest quarter of said Section 10, lying westerly
of 138th Avenue Southeast.
EXHIBIT " B"
Ordinance No. 3795
CONCOMITANT ZONING AGREEMENT
BETWEEN THE CITY OF RENTON
O� AND G.M. ASSOCIATES
THIS INSTRUMENT dated the /7d_ day of ( „���� ►
1983 in favor of the CITY OF RENTON, a municipal corporation
organized under the laws of the State of Washington (hereafter the
"City") , and by G.M. ASSOCIATES, a Washington partnership
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(hereafter the "Applicant") .
RECITALS
WHEREAS, the Applicant owns or controls certain real property
within the City of Renton which is described in Exhibit A attached
hereto and incorporated herein by this reference as if fully set
forth (hereafter the "Property") , and
WHEREAS, the applicant has applied. for a rezone of the
Property referred to as City of Renton File No . R-018-82; and
WHEREAS, that application for a rezone has been granted
subject to certain conditions which must be binding upon not only
the Applicant but also any successors in interest;
NOW, THEREFORE,
IT IS AGREED that any development of the Property pursuant to
the zoning classification granted by the above-referenced rezone
shall be subject to the conditions set forth herein. Further , the
Applicant covenants , agrees and declares that all of the Property
will be held , sold , and conveyed subject to and burdened by the
conditions contained herein. All of the provisions of this
instrument shall be binding upon all parties now having or
F(!E0 FOR RECORD AT REQUEST OF -1-
oFVOFYffCRCM
RENTOR MUNICIPAL NK
200 MILL AVE S&
RENTOR,WA WA
hereafter acquiring any right, title, or interest in or to the
Property or any part thereof. These conditions shall remain in
effect until the Property is completely developed or until such
time as the conditions are amended by the City of Renton through
the procedures established for amending the conditions of a rezone.
1. Each phase of residential development proposed under this
rezone shall be by Planned Unit Development application. At least
one Final PUD Plan approval by the Renton City Council shall occur
prior to any construction of public or private improvements within
or serving the rezone area except for offsite sanitary sewer
construction necessary to provide service to the basin within which
the rezone area is located.
2. Each Final PUD Plan approval shall precisely identify all
public or private improvements proposed as a result of that Final
PUD Plan. The City Council approval or modification thereof shall
constitute the allowable public or private improvements authorized
by that Final PUD Plan.
3 . Any public improvements authorized in the above Final PUD
Plan shall be assured by the Applicant to the satisfaction of the
Environmental Review Committee that a mechanism, whether City
initiated LID or otherwise willth t
rovide
p a roads in the area are
improved to accommodate the projected traffic of each Final PUD
Plan prior to issuance of a building permit for that phase of that
Final PUD Plan. Said improvements shall include but are not
necessarily limited to the following. Any required public
improvement shall be completed prior to the initial occupancy; of
any building or use within the associated Final PUD Plan area.
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a. The Applicant shall reconstruct the intersection of
N. E. 4th Street with Duvall Avenue N.E. to include an east-
bound left-turn, westbound right-turn, westbound left-turn,
and southbound right-turn lanes along with a fully-actuated
signal to City standards. Incremental improvments are
appropriate based upon the develoment stage of the Final PUD
Plan .
These improvements will be recommended by the
ERC/Hearing Examiner with each subsequent Final PUD Plan
application or subdivision application.
b. Median left-turn lanes , if deemed appropriate by the
City, will be provided by the Applicant on Duvall Avenue N. E.
at all major driveways.
C . The paved shoulder that currently exists on both sides
of Duvall Avenue N. E. adjacent to the site will be retained by
including it in any widening project. These shoulders shall
be maintained at a minimum of four (4) feet in width for
bicycle use. Such shoulder construction does not relieve the
Developer from normal curb, gutter, sidewalk, and similar
street appurtenances otherwise required by ordinance,
resolution or policy on the westerly one-half of Duvall Avenue
N. E.
d. The first Final PUD Plan in the vicinity of the north
property line of this rezone area shall include dedication of
and construction of an east/west street for traffic circu-
lation along the northern edge of the subject site meeting all
design standards appropriate to a collector public street as
provided by the Subdivision Ordinance including but not
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necessarily limited to curb, gutter , and sidewalk, improve-
ments on one side with two travel and one parking lanes of
paving, storm drainage and street lighting .
4. Prior to issuance of a building permit for the first
public or private improvement within the rezone area, the Developer
shall pay the following fees for public improvements .
a. The following schedule represents a proportionate
participation in the necessary traffic corridor improvements
on N. E. 3rd and 4th Streets :
Intersection Cost
N. E. 3rd Street/Sunset Boulevard North 1. 9% $2, 329
N. E. 4th Street/Monroe Avenue North 3.1% 2,105
N.E. 4th Street/Edmonds Avenue North 3. 1% 3 ,096
$7,530
b. The Applicant shall participate in downstream channel
improvements in the form of cash deposit into a new Heather-
downs Creek reserve fund to be held by the City. Estimated
costs for channel stabilization are $95,000. Northward' s five .
(5) percent proportionate share is $4 , 750.
5. The Applicant shall extend both water and sanitary service
to the subject site per City code. As a minimum, any new facil-
ities installed shall be of sufficient size so that existing
incorporated lands as of the date of approval of this rezone
application can be serviced at densities consistent with the cur-
rent Comprehensive Plan without replacement of any new facilities
installed by this development. This provision shall not be
interpreted to require the Applicant to bear more .than a fair share
of the total cost of providing water and sanitary service to the
general area of this rezone site.
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6 . The following mitigating measures are design consider-
ations that will have to be taken into consideration at the time of
PUD development or subdivision approval .
a. Construction equipment shall be operated only between
the hours of 7: 00 a.m. and 7: 00 p.m. , Monday through Friday.
b. The residential units shall be prewired for burglar
alarm systems which can be installed at the discretion of the
individual residents. Security locks per City code (i .e. ,
dead bolts) and solid core entry doors will be installed in
all buildings.
IN WITNESS WHEREOF, the Applicant has caused this Agreement to
be executed by its proper and fully-authorized officers and the
City of Renton has accepted this Agreement as evidenced by the
signature of the Mayor of the City of Renton.
G.M. ASSOCIATES
By
Richard Gilroy, General Partner
ACCEPTED BY:
THE CITY OF RENTON, a municipal
corporation organized under the
jlaws of the State of Washington
Byc. �c�.c,� .S��nppLQ�
Barbara Shinpoch , Mayor
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Approved as to form:
City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me94:ek Gilroy, to
me known to be the General Partner of G.M. ASSOCIATES., the
partnership that executed the foregoing instrument, and acknow-
ledged the said instrument to be the free and voluntary act and
deed of said partnership, for the uses and purposes therein men-
tioned, and on oath stated that he was authorized to execute the
said instrument.
GI//VEN under my hand and official seal this _ day of
1983 .
I �
Notary Pu is in and for the
State of Washington, residing
at 4L-6LE✓6JE
a
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CONCOMITANT ZONING AGREEMENT
BETWEEN THE CITY OF RENTO.N
AND G.M. ASSOCIATES
ADDENDUM TO AGREEMENT
If the developer must oversize the utility extensions required under this agreement,
beyond that necessary to serve its property, then the developer shall have the right to
request a latecomer's agreement from the City of Renton.
The City of Renton shall not be required to contribute any money to the developer for the
oversizing of the utility extensions. Furthermore, should any of the City of Renton
utilities which would serve the developer's property require enlarging then the developer
will be required to construct said enlargements at his expense, or the City at its option
will construct said enlargements and the developer shall pay the City for all costs
associated with said enlargements. Particularly y (hut not limits to) the developer shall
pay the City for any necessary expansions of the storm water drainage system and
sanitary sewer system in Heather Downs area.
By:
(__ 5;4Z
77 Richard ilroy, tner
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day personally appeared before me Richard Gilroy, to me known to be the
General Partner of G.M. ASSOCIATES, the partnership that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said partnership, for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute the said instrument.
GIVEN under my hand and official seal this /14 day of
f��sr3,ey 1984.
Notary Public m and for the State of
Washington, residing at Eizr✓uE
II .
EXHIBIT A
to the
CONCOMITANT ZONING AGREEMENT
BETWEEN THE CITY OF RENTON
AND G.M. ASSOCIATES
Parcel A
The Northeast quarter of the Northwest quarter of the Southwest
a
quarter of Section 10 , Township 23 North, Range 5 East, W.M. ,
in King County, Washington;
EXCEPT the North 30 feet thereof for road purposes as reserved
in deeds recorded under King County Recording Nos. 3408392 and
3564211, and as delineated on the King County Assessor ' s Map.
Parcel B
The Northwest quarter of the Southeast quarter of the Northwest
quarter of the Southwest quarter of Section 10 , Township 23
North, Range 5 East, W.M. , in King County, Washington.
Parcel C
The Southeast quarter of the Northwest quarter of the Southwest
quarter of Section 10 , Township 23 North, Range 5 East, W.M. ,
in King County , Washington;
EXCEPT the Northwest quarter of the Southeast quarter of the
Northwest quarter of the Southwest quarter in said Section 10 ;
AND EXCEPT the South 15 feet thereof.
Parcel D
The West half of the West half of the Northeast quarter of the
Southwest quarter of Section 10 , Township 23 North, Range 5
East, W.M. , in King County, Washington,
EXCEPT the North 30 feet thereof for road purposes as reserved in
deed recorded under King County Recording No. 3338158 and as
delineated on the King County Assessor' s Map.
Parcel E
That portion of the East half of the West half of the Northeast
quarter of the Southwest quarter of Section 10 , Township 23
North, Range 5 East, W.M. , in King County, Washington lying
Westerly of 138th Avenue Southeast as conveyed to King County
by deed recorded under King County Recording No. 6404320;
EXCEPT the North 30 feet and the South 20 feet thereof for road
purposes as reserved by deed recorded under King County Record-
ing No. 3297568 and as delineated on the King County .Assessor' s
Map.
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